Today, the Environmental Protection Agency published in the Federal Register the ridiculous Mercury and Air Toxics rule. It’s one of the most expensive regulations, ever, and its purpose is to protect America’s supposed population of pregnant, subsistence fisherwomen who consume more than 300 pounds of self-caught fish annually, from the 99th percentile most polluted fresh, inland water bodies. EPA never actually identified any such “victim”; instead, these voracious fisherwomen-cum-child were modeled to exist. In a series of posts on “EPA’s Big Mercury Lie,” I question whether it is reasonable to simply assume, as EPA has done, that there are, in fact, Americans who every year eat more than 300 pounds of fish, caught exclusively from the foulest water.
How did we get here? Below is a bare-bones timeline of the Mercury and Air Toxics rule’s development:
- 1990: The Congress amended the Clean Air Act to beef up Hazardous Air Pollutants section 112, which sets the most stringent emissions controls. However, the Congress exempted coal fired power plants. Why? Because the same amendments to the Clean Air Act included a major new regulatory regime for coal-fired power plants: namely, a new sulfur dioxide cap-and-trade program to fight acid rain. Before it subjected the electricity industry to the most onerous provision of the Clean Air Act, in addition to the public health regulations to which generators and utilities already were beholden, Members of Congress first wanted to understand how the sulfur dioxide program would affect emissions of hazardous air pollutants. So, the Congress ordered EPA to conduct a study to determine the public health threat of toxic air pollution from coal fired power plants, after the implementation of the sulfur dioxide cap-and-trade. EPA could regulate coal-fired power plants under the Hazardous Air Pollutants section 112 of the Clean Air Act only after considering the results of this study, and then making a determination that doing so is “necessary” and “appropriate.”






